Costco purchased luxury watches from a company in New York who had purchased them from an overseas company who had purchased them from the manufacturer, and sold the watches in its U.S. Costco stores. Omega, the Swiss manufacturer of the luxury watches, sued Costco for copyright infringement, specifically the importation of copyrighted work without the […]
Trial Court Abused Discretion In Failing To Set Aside Default.
Plaintiff was unsuccessful at personally serving defendant and obtained the court’s permission to serve by publication. Defendant claims it first learned of the lawsuit and the default judgment of $372,403.81 after it received a lien notice from the county with the abstract of judgment attached. On appeal, defendant contended the trial court erred in denying […]
State Prisoner Allowed To Have A Beard.
Arkansas’s state prison’s grooming policy prohibits the growth of facial hair for security reasons. A prisoner, who is fundamentalist Muslim, asserts the prison’s policy burdens his practice of religion. The United States Supreme Court held that the policy violates 42 U.S.C. § 2000cc [the Religious Land Use and Institutional Persons Act of 2000] which prohibits […]
Fees/Costs Order Reversed In Public Records Act Request.
After a child was rendered permanently disabled following an accident that occurred when she was in a crosswalk, her family hired counsel. Under the Public Records Act [Government Code section 6250, et seq.; PRA], counsel requested all evidence including photos, reports, audio logs, handwritten notes, surveys, complaint letters and emails with respect to the accident. When […]
Abandoned Alien Child.
An abandoned, neglected or abused child who is not a citizen of the USA may be found to be a special immigrant juvenile [SIJ] which may serve as a first step in filing for citizenship in the USA. (8 U.S.C. § 1101 (a)(27)(J)). These children no longer need be under foster care, as was previously […]
Directed Verdict In Civil Rights Action Reversed.
More than a dozen Halloween partygoers were swept up and detained by a Sheriff’s SWAT team for up to 14 hours. The party, an annual event with hundreds of costumed attendees, had drawn neighbor complaints over the years. Based on a flyer that advertised a “Casino Room,” at the party, the Sheriff’s department obtained a […]
Social Security Funds In Bank Account Protected From Levy.
When a creditor served a writ of execution to levy funds in the debtor’s bank account, the debtor submitted a claim of exemption to the writ, asserting the funds in the account were Social Security payments exempt from levy under 42 U.S.C. § 407. The creditor opposed the claim of exemption, citing Code of Civil […]
Provision Requiring Club Members To Arbitrate Disputes Too Late.
In Cobb v. Ironwood Country Club (Cal. App. Fourth Dist. Div. 3; January 28, 2015) 233 Cal.App.4th 960, [183 Cal.Rptr.3d 282], the defendant club amended its bylaws to include a provision requiring club members to arbitrate disputes, four months after the plaintiffs, two club members and two former club members, filed the instant case. The club […]
Does Application Of The “Honest Belief” Defense To A CFRA Claim Deprive An Employee Of An Unwaivable Statutory Right?
In Richey v. AutoNation, Inc. (Cal. Sup. Ct.; January 29, 2015) 60 Cal.4th 909, [182 Cal.Rptr.3d 644, 341 P.3d 438], the California Supreme Court sidestepped the issue of whether an arbitrator’s presumably erroneous interpretation of the Moore-Brown-Roberti Family Rights Act (CFRA) deprived an employee of an unwaivable statutory right. The plaintiff employee was fired by defendant […]
Can A Court Intervene In An Ongoing Arbitration.
The Ninth Circuit discussed the ability of a court to intervene in an ongoing arbitration in Sussex v. United States Dist. Court for the Dist. of Nev. (Ninth Cir.; January 27, 2015) 776 F.3d 1092. This was a consolidated action brought by 385 condominium purchasers against the developer. The matter was submitted to arbitration before the […]
- « Previous Page
- 1
- …
- 28
- 29
- 30
- 31
- 32
- …
- 165
- Next Page »